PRODYUT KUMAR Vs. SUDHIR KUMAR CHAKRABORTY

JUDGEMENT

(1.) THERE will be an order in terms of prayer (a) of the Notice of Motion. We feel that further operation of the impugned order shall remain stayed for the following reasons :-Appointment of receiver has been made for limited purpose by the impugned order on the application where no such prayer has been made nor even any complaint has been made justifying for appointment of Receiver. It is an admitted position that a comprehensive application being GA 921 of 2008 is pending for hearing for appointment of Receiver. Admittedly that application was not taken up for hearing. At least we do not find any record. The matter is still appearing in the peremptory list. However, Mr. Roy submits that as there has been subsequent development and Hon'ble Trial Judge on attention being drawn to the same, taking note of the same was pleased to appoint Receiver for limited purpose. He further submits that Receiver had gone to visit the property in question in terms of the order but he was obstructed. We do not approve of any kind of illegal obstruction by any one else when the order is in operation, and for this purpose his client may take steps, if so advised for obstruction.

(2.) WE are of the prima facie view that when there was no averment in the application nor even prayer for appointment of Receiver in that application and particularly an application for the same purpose is pending for hearing in that court, impugned order cannot be allowed to be operative. However, Mr. Roy wants to file affidavit in opposition. Affidavit in opposition is to be filed within one week. Matter is adjourned for a period of fortnight. In the meantime reply may be filed but before the matter is taken up for hearing however an advance copy thereof is to be served at least one day before the date of hearing. In default of filing of affidavits by any of the parties the matter would be heard out in absence of affidavit of defaulting parties. Affidavit of service filed be kept on record. All parties shall act on a xerox signed copy of this order on usual undertakings.